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2007 Supreme(Mad) 1527

V.DHANAPALAN
Vallithai – Appellant
Versus
Arulraj – Respondent


Advocates Appeared:
For the Appellants :R.S. Ramanathan, Advocate.
For the Respondent:T.S.R. Venkataramana, Advocate.

Judgement Key Points

Conclusion: The Second Appeal is allowed, with no costs. The judgment and decree of the First Appellate Court in A.S.No.88 of 2002, which reversed the Trial Court's dismissal of the suit for specific performance, is set aside. (!) [21000950960017][21000950960019] The Trial Court's findings are confirmed: the registered sale agreement (Ex.A1) lacks veracity, as mere registration does not establish the true circumstances of its execution, and oral evidence is admissible under principles permitting proof of facts invalidating the document, such as it being a sham or intended as a mortgage rather than a sale.[21000950960017][21000950960015][21000950960012] (!) The plaintiff, a government servant, failed to demonstrate continuous readiness and willingness to perform, having sent a notice claiming willingness on 27.10.1997 without prior government permission (applied for only on 06.07.1999 and granted on 04.11.1999), and did not approach the court with clean hands by suppressing material facts.[21000950960017][21000950960005][21000950960016] (!) (!) (!) Specific performance, being discretionary equitable relief, is denied.[judgement_subject][21000950960017] (!) However, the plaintiff is entitled to recover Rs.30,000 from the defendants (acknowledged as due in the defendant's reply notice, consistent with the mortgage version), with interest at 9% per annum from the date of plaint.[21000950960019][21000950960005][21000950960018] Connected M.P.No.1 of 2006 is closed. (!)


Judgment :-

With the consent of the Counsel on either side and upon completion of pleadings and perusal of documents filed in the Typed Set of papers, the Second Appeal is taken up for final disposal.

2. Thelegal representatives of the deceased defendant, Sankaralinga Nadar are the appellants herein. Aggrieved by the judgment and decree made in A.S.No.88 of 2002 on the file of the Ist Additional District Court, Tirunelveli reversing the judgment and decree dated 23.07.2001 made in O.S.No.311 of 1998 on the file of the Additional Sub Court, Tenkasi, they have preferred this appeal.

3. Theplaintiff, Arulraj is the respondent herein. According to the plaintiff, the defendant, Sankaralinga Nadar agreed to sell the plaint schedule property to the plaintiff as per the registered Sale Agreement, dated 18.11.1996 for a sum of Rs.35,000/-. The plaintiff paid a sum of Rs.30,000/-as advance sale consideration. In the Sale Agreement, it was stated that the plaintiff shall pay the balance sale consideration of Rs.5,000/-to the defendant within a period of two years from the date of agreement.

4. The plaintiff sent a legal notice, dated 27.10.1997 to the defendant, that he is willing and ready to
























































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